Question about an assured shorthold tenancy agreement - can we get money back?

dejavufr67

G_M wrote: »

5) If the tenant does not have a TA signed by the LL, then no contract was formed, and therefore no rent is due. Nor is a security deposit. These should be returned. However a 'holding' deposit and/or credit check fee may be witheld.

They took away the copy that she signed and said that they would send her a copy that had been signed by the landlord (or agent?).

She never received a copy.

Mr_Pitiful

dejavufr67 wrote: »

6. haha, i did it to protect peoples privacy - i know for a fact that it is a joint tenancy. There are multiple names on the agreement

Did the other tenants move in?

dejavufr67

Mr_Pitiful wrote: »

Did the other tenants move in?

Yes, the other tenants are living there now and have been since the beginning of the contract.

edit: thanks a lot everyone for all of your help by the way, this is great :j

Mr_Pitiful

Has anyone else taken her place?

Getting all the money back is extremely unlikely, as the agents and landlord will no doubt be able to demonstrate some financial loss as a result of what has happened.

You mentioned in your first post that the agent is witholding the money. What have they said about the situation, and are they allowing her to leave without further liability?

dejavufr67

Mr_Pitiful wrote: »

Has anyone else taken her place?

Getting all the money back is extremely unlikely, as the agents and landlord will no doubt be able to demonstrate some financial loss as a result of what has happened.

You mentioned in your first post that the agent is withholding the money. What have they said about the situation, and are they allowing her to leave without further liability?

No one has taken her place as the other housemates have expressed a desire to pay the extra money in order to not have someone living there that they don't know.

We are awaiting the answer about how the leasing agents are going to treat the issue as they have not responded for the past 2 months.

After calling them today and being promised (again) to be called on Monday I became compelled to write ask what to to on here instead.

Mr_Pitiful

dejavufr67 wrote: »

No one has taken her place as the other housemates have expressed a desire to pay the extra money in order to not have someone living there that they don't know.

We are awaiting the answer about how the leasing agents are going to treat the issue as they have not responded for the past 2 months.

It's difficult to say whether she might be able to get any money back without knowing what stance the agent and landlord are taking. I think it would be unlikely that an agent would voluntarily give back any money without a fight, though it will be intresting to see what they come back with.

Fire_Fox

If the other tenants have covered the rent and deposit from day one that can be refunded to your friend. What were the rest of the fees for, and was all that work done? So did the agent do any referencing/ credit checking of your friend? As they only drew up one AST there was no extra work in preparing contracts for your friend. Were they charging admin fees per person or for the whole house and then split three/ four/ five ways?

G_M

dejavufr67 wrote: »

Yes, the other tenants are living there now and have been since the beginning of the contract.

edit: thanks a lot everyone for all of your help by the way, this is great :j

This changes a lot.

It is a joint tenancy with multiple tenants on the agreement.

The other tenants have moved in.

Therefore the tenancy has commenced.

Furthermore, the tenant cannot be denied entry - indeed, the tenant has NOT been denied entry by the landlord/agent, since others have moved in. There is no obligation on the LL to provide more than one key (it is simply courteous/sensible to provide one per tenant, but not a legal requirement). Your friend can simply go round, knock on the door, say 'Hi' to his friends, and move in!

Therefore the rent must be paid, either by your friend or by one or more of the other joint tenants, all of whom are equally liable for the full rent. There is no legal 'sharing out' of the rent between them.

There are two ways to remove your friend's name from this joint tenancy:

1) end the tenancy (for ALL tenants since they are all on the same one), and create a new one either in the names just of the remaining tenants, or them + one new, or totally new tenants

2) by a Deed of Variation, signed by ALL tenants, AND the landlord, AND a witness, removing the friend from the agreement (and optionally substituting a new name).

Either option above will need the consent
a) of the landlord and
b) of the other tenants

In gaining that consent, agreemnt would have to be reached by all the parties involved about return, if any, of the amounts paid to date.

dejavufr67

G_M wrote: »

This changes a lot.

It is a joint tenancy with multiple tenants on the agreement.

The other tenants have moved in.

Therefore the tenancy has commenced.

Furthermore, the tenant cannot be denied entry - indeed, the tenant has NOT been denied entry by the landlord/agent, since others have moved in. There is no obligation on the LL to provide more than one key (it is simply courteous/sensible to provide one per tenant, but not a legal requirement). Your friend can simply go round, knock on the door, say 'Hi' to his friends, and move in!

Therefore the rent must be paid, either by your friend or by one or more of the other joint tenants, all of whom are equally liable for the full rent. There is no legal 'sharing out' of the rent between them.

There are two ways to remove your friend's name from this joint tenancy:

1) end the tenancy (for ALL tenants since they are all on the same one), and create a new one either in the names just of the remaining tenants, or them + one new, or totally new tenants

2) by a Deed of Variation, signed by ALL tenants, AND the landlord, AND a witness, removing the friend from the agreement (and optionally substituting a new name).

Either option above will need the consent
a) of the landlord and
b) of the other tenants

In gaining that consent, agreemnt would have to be reached by all the parties involved about return, if any, of the amounts paid to date.

thanks, thats extremely helpful.

What if I was to say that the agents have been taking the extra persons rent from the other tenants since the contract started?

Also we have it in writing that they said that she couldn't move in.

G_M

dejavufr67 wrote: »

thanks, thats extremely helpful.

What if I was to say that the agents have been taking the extra persons rent from the other tenants since the contract started?

Also we have it in writing that they said that she couldn't move in.

1) Of course they have. That is what a joint tenancy means. As I said: "There is no legal 'sharing out' of the rent between them." All the tenants are equally responsible for all the rent. The LL can take it, or chase it (through the courts if neccesary) from any one, or several, or all the tenants.

2) A meaningless statement that would be dismissed in court. The contract was signed; The keys handed over (to at least one joint tenant); the rent has been paid. Ipso facto the tenancy exists.